Reply to the comment left by Ian Narbeth at 16/02/2024 - 11:53The lease terms will likely only be enforceable by the freeholder. Who has the freehold and have you raised it with them?
Reply to the comment left by Mark Alexander - Founder of Property118 at 17/02/2024 - 00:22Hi Mark I can understand that you are under a lot of stress right now. As I'm sure a lot of people who signed up...
Reply to the comment left by Mark Alexander - Founder of Property118 at 25/10/2023 - 08:02Hi Mark Why have you/118 deleted this post by Mr Mark Smith and the comments to it? https://www.property118.com/why-dan-neidle-is-wrong-about-incorporation-relief/
Reply to the comment left by Giles Peaker at 21/10/2023 - 21:45I think you should also clarify that the £10 million insurance is not per client, but 'per claim' so including any related claims. This site has been portraying the...
Reply to the comment left by Mark Smith Head of Chambers Cotswold Barristers at 20/10/2023 - 11:18Mark, you should explain that first they would have to establish you had been negligent. And that means bringing a claim in professional negligence....
There is no requirement to provide an EPC before serving a s.21 if the tenancy began before 1 October 2015 and there have been no subsequent new tenancies (renewal or replacement tenancies) on or after 1 October 2015. Any renewal...
That is exactly the kind of issue of dispute of facts that Judges decide - hear the evidence from both sides, then decide on the balance of probabilities what happened.
Reply to the comment left by Denise G at 19/08/2020 - 23:22I don't have tenants, I am a lawyer. I have to say that if you re providing all this to tenants in hard copy, then the dropbox backup route...
Reply to the comment left by Denise G at 19/08/2020 - 21:39OK, you hadn't made that clear. Giving the booklet not a requirement for any pre October 2015 tenancies, but would be on any post October 2015 renewal tenancy. I...
Reply to the comment left by Denise G at 19/08/2020 - 13:15Hi Denise I'm afraid that won't work. In particular, the How to Rent Guide has to be to either given to the tenant in hard copy, or a pdf...
There are no known cases on EPCs yet. The requirement is that the tenant must be given the EPC prior to any s.21 notice being served. ('Free of charge' doesn't change anything, just that you can't charge.) It is not...
Reply to the comment left by Rob Crawford at 19/08/2020 - 13:35It was a Tribunal (though those still have judges), but the First Tier Tribunal is like the County Court - no judgment or decision is binding on another Tribunal...
Reply to the comment left by Des Taylor Landlords Defence Ltd at 14/08/2020 - 11:25Hi Des I don't think you have thought through the implications of this decision. I've written it up at https://nearlylegal.co.uk/2020/08/rent-arrears-and-rros/ If the tenant's conduct after the...
On the original post, I have to point out that this is a precedent for nothing. It is an FTT decision that does not bind any other Tribunal. If it is appealed to the Upper Tribunal and the decision upheld,...
Reply to the comment left by Frederick Morrow-Ahmed at 11/08/2020 - 12:38"I was seeking to make a generic statement and regret that in doing so in a rush it was badly worded." You mean that you intended to infer that...
Reply to the comment left by Frederick Morrow-Ahmed at 10/08/2020 - 12:20Hi Frederick I had nothing to do with RROs. That was entirely down to the government in 2004 and 2016. Plus there is no legal aid for RROs. So,...
It doesn’t matter what it is called. It only matters what it is in law, which is a contractual tenancy with permission to sub let. So, a rent to rent set up. Again, you need skilled legal advice. This is...
Reply to comment left by Ian Narbeth at 16/02/2024 - 11:53
Reply to the comment left by Ian Narbeth at 16/02/2024 - 11:53The lease terms will likely only be enforceable by the freeholder. Who has the freehold and have you raised it with them?
Read More →Reply to comment left by Mark Alexander at 17/02/2024 - 00:22
Reply to the comment left by Mark Alexander - Founder of Property118 at 17/02/2024 - 00:22Hi Mark I can understand that you are under a lot of stress right now. As I'm sure a lot of people who signed up...
Read More →16th February 2024, 2 years ago
For heavens sake, this is nearly two years old! https://nearlylegal.co.uk/2022/06/the-trecarrell-conundrum-revisited/
Read More →16th February 2024, 2 years ago
COMMENT DELETED
Read More →Reply to comment left by Jason English at 17/11/2023 - 19:49
Ah. That looks potentially problematic.
Read More →Reply to comment left by Mark Alexander at 25/10/2023 - 08:02
Reply to the comment left by Mark Alexander - Founder of Property118 at 25/10/2023 - 08:02Hi Mark Why have you/118 deleted this post by Mr Mark Smith and the comments to it? https://www.property118.com/why-dan-neidle-is-wrong-about-incorporation-relief/
Read More →Reply to comment left by Giles Peaker at 21/10/2023 - 21:45
Reply to the comment left by Giles Peaker at 21/10/2023 - 21:45I think you should also clarify that the £10 million insurance is not per client, but 'per claim' so including any related claims. This site has been portraying the...
Read More →Reply to comment left by Mark Smith Head of Chambers Cotswold Barristers at 20/10/2023 - 11:18
Reply to the comment left by Mark Smith Head of Chambers Cotswold Barristers at 20/10/2023 - 11:18Mark, you should explain that first they would have to establish you had been negligent. And that means bringing a claim in professional negligence....
Read More →2nd September 2020, 6 years ago
There is no requirement to provide an EPC before serving a s.21 if the tenancy began before 1 October 2015 and there have been no subsequent new tenancies (renewal or replacement tenancies) on or after 1 October 2015. Any renewal...
Read More →Reply to comment left by Michael Groves at 20/08/2020 - 09:18
That is exactly the kind of issue of dispute of facts that Judges decide - hear the evidence from both sides, then decide on the balance of probabilities what happened.
Read More →Reply to comment left by Denise G at 19/08/2020 - 23:22
Reply to the comment left by Denise G at 19/08/2020 - 23:22I don't have tenants, I am a lawyer. I have to say that if you re providing all this to tenants in hard copy, then the dropbox backup route...
Read More →Reply to comment left by Denise G at 19/08/2020 - 21:39
Reply to the comment left by Denise G at 19/08/2020 - 21:39OK, you hadn't made that clear. Giving the booklet not a requirement for any pre October 2015 tenancies, but would be on any post October 2015 renewal tenancy. I...
Read More →Reply to comment left by Denise G at 19/08/2020 - 13:15
Reply to the comment left by Denise G at 19/08/2020 - 13:15Hi Denise I'm afraid that won't work. In particular, the How to Rent Guide has to be to either given to the tenant in hard copy, or a pdf...
Read More →Reply to comment left by Michael Groves at 19/08/2020 - 15:03
There are no known cases on EPCs yet. The requirement is that the tenant must be given the EPC prior to any s.21 notice being served. ('Free of charge' doesn't change anything, just that you can't charge.) It is not...
Read More →Reply to comment left by Rob Crawford at 19/08/2020 - 13:35
Reply to the comment left by Rob Crawford at 19/08/2020 - 13:35It was a Tribunal (though those still have judges), but the First Tier Tribunal is like the County Court - no judgment or decision is binding on another Tribunal...
Read More →Reply to comment left by Des Taylor Landlord Licensing and Defence at 14/08/2020 - 11:25
Reply to the comment left by Des Taylor Landlords Defence Ltd at 14/08/2020 - 11:25Hi Des I don't think you have thought through the implications of this decision. I've written it up at https://nearlylegal.co.uk/2020/08/rent-arrears-and-rros/ If the tenant's conduct after the...
Read More →11th August 2020, 6 years ago
On the original post, I have to point out that this is a precedent for nothing. It is an FTT decision that does not bind any other Tribunal. If it is appealed to the Upper Tribunal and the decision upheld,...
Read More →Reply to comment left by Frederick Morrow-Ahmed at 11/08/2020 - 12:38
Reply to the comment left by Frederick Morrow-Ahmed at 11/08/2020 - 12:38"I was seeking to make a generic statement and regret that in doing so in a rush it was badly worded." You mean that you intended to infer that...
Read More →Reply to comment left by Frederick Morrow-Ahmed at 10/08/2020 - 12:20
Reply to the comment left by Frederick Morrow-Ahmed at 10/08/2020 - 12:20Hi Frederick I had nothing to do with RROs. That was entirely down to the government in 2004 and 2016. Plus there is no legal aid for RROs. So,...
Read More →Reply to comment left by Michael Groves at 06/06/2020 - 15:26
It doesn’t matter what it is called. It only matters what it is in law, which is a contractual tenancy with permission to sub let. So, a rent to rent set up. Again, you need skilled legal advice. This is...
Read More →Showing 20 of 127 comments